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I have my name on a deed in greenville north Carolina. The…

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I have my...
I have my name on a deed in greenville north Carolina. The man I was to marry left me in new York and moved into my forever home we bought. He moved another women and her daughter in our home without saying a word to me. They are sleeping together in my master bedroom. Can I have her removed from the house? Can I go to court a and we sell the house.
Submitted: 3 years ago.Category: Landlord-Tenant
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6/21/2015
Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Christopher B, Esq
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Were you ever officially married and is his name on the lease as well?
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Lawyer: Christopher B, Esq, Attorney replied 3 years ago

My name is***** and I will be helping you with your question today. This answer is for informational purposes only and does not create an attorney-client relationship.

If you were not married and the property is not owned jointly with your former boyfriend, of course you can have both of them removed from your property unless there is considered to be some type of lease between you and your former boyfriend. If there is, then you will have to evict both of them from your property which would start with a written notice to vacate. See link for further details on the process: http://www.evictionresources.com/eviction_process_articles/north_carolina_eviction_process.html

If you were married or are currently married and your name is ***** ***** the deed. Then you will need to contact a local family law attorney and most likely file for divorce or ascertain your exes rights in the property according to the court order in a divorce proceeding.

If both of your names are ***** ***** deed, you would be considered tenants in common or joint tenants with rights of survivorship (a difference between the two is how the property is distributed at the death of one of the owners). Tenants in common own real or personal property in a manner that entitles each owner to an "undivided interest" in the property and equal right to make use of the property. Joint tenants in common may own an unequal interest in the property, but each has the right to use and occupy the entire property. If this is the case you would have no right to remove the other woman from the house as both of you have equal rights to the property.

Basically you are going to have a difficult time removing the other woman from the house if your ex has any right either by ownership or as a tenant as he can legally have guests in the house if he has a right to be in the house. You will either have to get an order from the court in a divorce proceeding (the court can tailor certain orders to keep the other woman out of the house if the court feels like it is warranted) or evict your ex from the home. It will be virtually impossible to remove the other woman without removing the ex boyfriend (like I said the one exception would be an order from the court during divorce proceedings).

Please let me know if you have any further questions or require any additional guidance. Please do not forgot to positively rate my answer as this is the only way that I am compensated for my work.

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Lawyer: Christopher B, Esq, Attorney replied 3 years ago
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